USC spouse - dual citizenship?
#1
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Folks, I just discovered the most surprising thing.
My late father was born in Hungary and was a Hungarian citizen. He believed all his life that his naturalization as a USC automatically rescinded his Hungarian citizenship, but Hungary have their own opinion about that and it turns out he was a dual citizen under Hungarian law. Recent changes in the immigration law in Hungary have provided that the child of a HC is an HC also, regardless of domicile, and even more recent changes remove the residence, language, and income requirements for... I don't think I can call it "naturalization" since I was legally never a non-citizen. I'm not so sure this was a great move on their part, but it's good for me!
I wrote to the consulate and they believe I do qualify to request proof of my surprise Hungarian dual citizenship. Since Hungary is part of the EU, that means that upon processing of the forms, I will be verified as a EU citizen.
Now my Northern Irish husband also holds dual citizenship by virtue of being Northern Irish; he is both a UKC and a ROIC (Republic of Ireland citizen). The ROI is also an EU country, of course.
The upshot of this finding that I'm a dual USC/HC is that he and I will have several immigration options where before we believed we had only one or two. I will also qualify to request work visas as an EU "citizen" or as a USC, whichever is less trouble for me and the company I work for. Our eventual relocation back to the UK, if we decide to do that in the future, will be made easier as well.
I'm mentioning this circumstance because it is so easily overlooked. Many people are worried about things like major medical insurance, returning to the UK with a USC spouse, and other aspects of the immigration experience that could be impacted by the USC's dual citizenship. I think a careful look at all citizenships to which both sponsor and immigrant are entitled should be taken, if it has not already, particularly if one or both of you are, as I am, the child of Hungarian parentage.
My late father was born in Hungary and was a Hungarian citizen. He believed all his life that his naturalization as a USC automatically rescinded his Hungarian citizenship, but Hungary have their own opinion about that and it turns out he was a dual citizen under Hungarian law. Recent changes in the immigration law in Hungary have provided that the child of a HC is an HC also, regardless of domicile, and even more recent changes remove the residence, language, and income requirements for... I don't think I can call it "naturalization" since I was legally never a non-citizen. I'm not so sure this was a great move on their part, but it's good for me!
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Now my Northern Irish husband also holds dual citizenship by virtue of being Northern Irish; he is both a UKC and a ROIC (Republic of Ireland citizen). The ROI is also an EU country, of course.
The upshot of this finding that I'm a dual USC/HC is that he and I will have several immigration options where before we believed we had only one or two. I will also qualify to request work visas as an EU "citizen" or as a USC, whichever is less trouble for me and the company I work for. Our eventual relocation back to the UK, if we decide to do that in the future, will be made easier as well.
I'm mentioning this circumstance because it is so easily overlooked. Many people are worried about things like major medical insurance, returning to the UK with a USC spouse, and other aspects of the immigration experience that could be impacted by the USC's dual citizenship. I think a careful look at all citizenships to which both sponsor and immigrant are entitled should be taken, if it has not already, particularly if one or both of you are, as I am, the child of Hungarian parentage.
Last edited by Speedwell; Dec 11th 2012 at 4:59 am. Reason: wrote as "USC spouse" but could easily be any USC sponsor and foreign immigrant
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#2
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I can't think why 'major medical insurance' is a worry for spouses of UKCs moving to the UK...as they would be UK residents they would be entitled to use the NHS.
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#3
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Oh, that was two different things. UKCs moving to the US with a USC spouse and needing to worry about insurance for the USC spouse in the case of a major medical issue was the first issue (since the USC would not qualify for NHS unless they went through the proper procedure in the UK first), and the second issue was a UK citizen wanting to move back to the UK with the USC spouse (this process is easier if the spouse has citizenship within the EU).
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#4
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Oh, that was two different things. UKCs moving to the US with a USC spouse and needing to worry about insurance for the USC spouse in the case of a major medical issue was the first issue (since the USC would not qualify for NHS unless they went through the proper procedure in the UK first), and the second issue was a UK citizen wanting to move back to the UK with the USC spouse (this process is easier if the spouse has citizenship within the EU).
Of course if the spouse is a citizen of an EU country...they can live in any EU country. Surely Brits are aware of this already.
Last edited by Jerseygirl; Dec 11th 2012 at 6:00 am. Reason: Typo
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#5
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If you're Hungarian, then you're an EU citizen and you don't need any permits or visas to reside and work in the UK. Just turn up and crack on
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#6
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Apart from the fact that you could become decrepit and senile before you get NHS treatment for conditions that you could get, albeit extortionately expensive, treatment for later this week in the US.
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#8
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Admittedly it was farfetched, but I was thinking of a case in which the UKC spouse settles in the US, and before they naturalize, the USC spouse discovers they have a major illness or has a disastrous accident. Of course the UKC spouse would have the option of having their own health needs taken care of by the NHS, but the US spouse would not, at least not until they receive a UK visa. Nearly-middle-aged couples like my husband and me think of such things from time to time.
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#9
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Admittedly it was farfetched, but I was thinking of a case in which the UKC spouse settles in the US, and before they naturalize, the USC spouse discovers they have a major illness or has a disastrous accident. Of course the UKC spouse would have the option of having their own health needs taken care of by the NHS, but the US spouse would not, at least not until they receive a UK visa. Nearly-middle-aged couples like my husband and me think of such things from time to time.
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Recent changes in the immigration law in Hungary have provided that the child of a HC is an HC also, regardless of domicile, and even more recent changes remove the residence, language, and income requirements for... I don't think I can call it "naturalization" since I was legally never a non-citizen.
I know my mum was put off pursuing her claim to Hungarian citizenship in the past, so she will be interested to know if it is easier now.
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#11
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Admittedly it was farfetched, but I was thinking of a case in which the UKC spouse settles in the US, and before they naturalize, the USC spouse discovers they have a major illness or has a disastrous accident. Of course the UKC spouse would have the option of having their own health needs taken care of by the NHS, but the US spouse would not, at least not until they receive a UK visa. Nearly-middle-aged couples like my husband and me think of such things from time to time.
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#12
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Has there been a further amendment since major 2010 change? The May 2010 decision certainly seems to have a language requirement.
I know my mum was put off pursuing her claim to Hungarian citizenship in the past, so she will be interested to know if it is easier now.
I know my mum was put off pursuing her claim to Hungarian citizenship in the past, so she will be interested to know if it is easier now.
(Edit: I appear to fall under the section "Derivation of Hungarian citizenship" rather than "Acquisition of Hungarian citizenship" in the following law: http://soderkoping.org.ua/page11620.html The language requirement is always discussed in the context of naturalization, and the way I understand it, I do not need to naturalize, I need to prove my existing citizenship. I'm checking now with the consulate on this.)
Last edited by Speedwell; Dec 12th 2012 at 12:03 am. Reason: Added a link to the applicable law
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#13
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If you aren't resident in the UK then the UK and US citizen are in the same boat, no NHS coverage. Citizenship is irrelevant. If you mean the UK citizen could immediately move back to the UK but the US citizen would have to wait until they got a visa to move, that would be accurate.
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#14
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I had seen something that indicates that the language requirement is not a requirement for the child of Hungarian parentage, but if the Hungarian is a grandparent or other relative, then I know the language requirement is in place. I'll check with my contact at the consulate to make certain of the exact procedure.
Last edited by Speedwell; Dec 12th 2012 at 4:04 am. Reason: clarified who I was speaking to ;)
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#15
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Does your husband have a National Insurance number? If not he'll need to apply for that. I'd suggest posting any questions around the medical side in the UK in the Back to UK forum, lots of people there that can help with this.
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